LexKAILASHBEN MAHENDRABHAI PATEL & ORS. versus STATE OF MAHARASHTRA & ANR.
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[2024] 10 S.C.R. 62 : 2024 INSC 737 Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr. (Criminal Appeal No. 4003 of 2024) 25 September 2024 [Pamidighantam Sri Narasimha* and Pankaj Mithal, JJ.] Issue for Consideration FIR was filed against the appellants under Sections 498A, 323, 504, 506 read with Section 34 IPC. Whether the High Court was justified in dismissing the petition under Section 482, CrPC for quashing of the said FIR and the chargesheet against the appellants and holding that a prima facie case of cruelty was made out against them under Section 498A, Penal Code, 1860. Headnotes† Penal Code, 1860 – ss.498A, 323, 504, 506 r/w s.34 – Ingredients of – When not made out – Complaint filed by respondent no.2-wife making vague allegations alleging dowry demand and threat by the appellants (step mother-in-law, step brother-in-law, father-in-law and one other person) to deny her and her husband a share in the property – Petition u/s.482, CrPC filed by the appellants for quashing, dismissed by High Court – Correctness: Held: Impugned judgment set aside – Criminal proceedings were filed with mala fide intention only to harass the appellants – Though all the allegations related to demand of dowry, the complainant chose not to involve her husband in the criminal proceedings – Complainant and her husband distributed amongst themselves, the institution of civil and criminal proceedings against the appellants with the husband instituting the civil suit and the complainant filing criminal proceedings – The provocation for the Complaint/FIR was essentially the property dispute between father and son and it intended only to further their interest of the civil dispute – Allegations made were general, vague, and omnibus and lacked in particulars and details – The essence of * Author [2024] 10 S.C.R. 63 Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr. the complaint was in the alleged threat to deprive the husband any share in the property with respect to which the husband had already filed the suit for declaration – No offence made out on the basis of vague and unclear allegations – Further, the domestic violence complaint filed by respondent no.2 with identical allegations was also rejected as being false and untenable – None of the ingredients of ss.498A, 323, 504, 506 r/w s.34 made out, criminal proceedings against the appellants are abuse of process of law – FIR and chargesheet quashed. [Paras 13-15, 17, 18] Code of Criminal Procedure, 1973 – s.482 – Constitution of India – Article 226 – Duty of the court, when complaint/FIR is frivolous/vexatious/instituted with ulterior motive or is civil in nature – Discussed. Quashing – Of criminal proceedings after filing of charge sheet – Permissibility: Held: There is no prohibition against quashing of the criminal proceedings even after the filing of charge sheet. [Para 16] Case Law Cited Mohammad Wajid and Another v. State of U.P. and Others [2023] 11 SCR 313 : (2023) SCC OnLine SC 951; Jaswant Singh v. State of Punjab [2021] 6 SCR 1100 : (2021) SCC OnLine SC 1007; Usha Chakraborty v. State of W.B.(2023) SCC OnLine SC 90; Neelu Chopra v. Bharti [2009] 14 SCR 1074 : (2009) 10 SCC 184; Mamidi Anil Kumar Reddy v. State of A.P. [2024] 2 SCR 252 : (2024) SCC OnLine SC 127; Kahkashan Kausar v. State of Bihar [2022] 1 SCR 558 : (2022) 6 SCC 599; Achin Gupta v. State of Haryana [2024] 6 SCR 129 : (2024) SCC OnLine SC 759; Anand Kumar Mohatta v. State (NCT of Delhi) [2018] 13 SCR 1028 : (2019) 11 SCC 706; Joseph Salvaraj A. v. State of Gujarat [2011] 8 SCR 815 : (2011) 7 SCC 59; A.M. Mohan v. State [2024] 3 SCR 722 : (2024) SCC OnLine SC 339; Mamta Shailesh Chandra v. State of Uttarakhand (2024) SCC OnLine SC 136 – relied on. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973. 64 [2024] 10 S.C.R. Digital Supreme Court Reports List of Keywords Quashing; Cruelty; Dowry demand; Matrimonial disputes; Dispute civil in nature; General, vague, omnibus allegations lacking in particulars and details; Domestic violence complaint dismissed; Abuse of process of law/criminal process; Travesty of justice; Complaint/FIR frivolous/vexatious, civil in nature. Case Arising From CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 4003 of 2024 From the Judgment and Order dated 05.05.2017 of the High Court of Judicature at Bombay at Aurangabad in CRLA No. 4015 of 2014 Appearances for Parties Dr. A
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